State Laws on Unconditional Quit Terminations

An unconditional termination notice orders the tenant to
move out within a short period of time. All states allow landlords to use
unconditional quit notices when a tenant has repeatedly violated a lease
clause, has substantially damaged the rental unit, is dealing drugs, or for
other specified reasons. Here are state rules on when a landlord can use
an unconditional quit termination notice and how much time the landlord
must give the tenant to vacate the rental unit in these circumstances;
additional details are available in the statute (citation provided). The following rules may
be tempered in domestic violence situations, depending on state law (see the
Nolo article Legal Protections for Tenants Who Are Victims of Domestic Violence for the law in your state.

State

Statute

Time to Move Out Before
Landlord Can File For Eviction

When Unconditional Quit
Notice Can Be Used

Alabama

Ala. Code
§ 35-9A-421

14 days

Misrepresentation of a material
fact in a rental application or rental agreement

7 days

Possession or use of illegal drugs
in the rental or common areas, discharge of a firearm (some
exceptions), criminal assault of a tenant or guest on the premises
(some exceptions)

Alaska

Alaska Stat. § 34.03.220(a)(1)

24 hours

Tenant or guest intentionally
causing more than $400 of damage to landlord’s property or same
violation of lease within 6 months

§ 9.45.090(a)(2)(G)

5 days

Specified illegal activity on the
premises

§ 34.03.220(e)

3 days

Failure to pay utility bills twice
within six months

§ 34.03.300(a)

10 days

Refusal to allow the landlord to
enter

Arizona

Ariz. Rev. Stat. Ann. § 33-1368

10 days

Material misrepresentation of
criminal record, current criminal activity, or prior eviction record

Immediately

Discharging a weapon, homicide,
prostitution, criminal street gang activity, use or sale of illegal
drugs, assaults, acts constituting a nuisance or breach of the rental
agreement that threaten harm to others

Arkansas

Ark. Stat. Ann. §§ 18-60-304,
18-16-101

3 days

Nonpayment of rent (after 10 days'
notice, tenant may be prosecuted for a misdemeanor and, if convicted,
fined $25 per day). Engaging in (or allowing others to engage in)
illegal gambling, prostitution, or the unlawful sale of alcohol (tenant
has five days to file an answer in court, and may defend at a court
hearing).

California

Cal. Civ. Proc. Code § 1161(4)

3 days

Assigning or subletting without
permission, committing waste or a nuisance, illegal activity on the
premises

Colorado

Colo. Rev. Stat. § 13-40-104(1)(e.5)

Immediately

Any repeated violation of a lease
clause

Connecticut

Conn. Gen. Stat. Ann. §§ 47a-23,
47a-15, 47a-15a

3 days

Nonpayment of rent, serious
nuisance, violation of the rental agreement, same violation within 6
months relating to health and safety or materially affecting physical
premises, rental agreement has terminated (by lapse of time,
stipulation, violation of lease, nonpayment of rent after grace period,
serious nuisance, occupancy by someone who never had the right to
occupy), when summary eviction is justified (refusal to a fair and
equitable increase, intent of the landlord to use as a principal
residence, removal of the unit from the housing market), domestic or
farmworker who does not vacate upon cessation of employment and tenancy

Conn. Gen. Stat. Ann. § 47a-31

Immediately

Conviction for prostitution or
gambling

Delaware

Del. Code Ann. tit. 25, §§ 5513,
5514

7 days

Violation of a lease provision that
also constitutes violation of municipal, county, or state code or
statute, or same violation of a material lease provision repeated
within 12 months

Immediately

Violation of law or breach of the
rental agreement that causes or threatens to cause irreparable harm to
the landlord’s property or to other tenants

District of Columbia

D.C. Code
§ 42-3505.01(c)

30 days

Court determination that an illegal
act was performed within the rental unit

Florida

Fla. Stat. Ann. § 83.56(2)(a)

7 days

Intentional destruction of the
rental property or other tenants’ property or unreasonable
disturbances; repeated violations of the lease within a 12-month period

Georgia

Ga. Code Ann. §§ 44-7-50, 44-7-52

Immediately

Nonpayment of rent more than once
within 12 months, holding over

Hawaii

Haw. Rev. Stat. §§ 521-70(c),
521-69, 666-3

Immediately

Causing or threatening to cause
irremediable damage to any person or property.

5 days

Second failure to abate a nuisance
within 24 hours of receiving notice

Idaho

Idaho Code § 6-303

Immediately

Using, delivering, or producing a
controlled substance on the property at any time during the lease term

3 days

Assigning or subletting without the
consent of the landlord or causing serious damage to the property

Creating a clear and present danger
to the health or safety of the land­­lord, tenants, or neighbors within
1,000 feet of the property boundaries

Iowa Code Ann. § 562A.27A

7 days

Repeating same violation of lease
within 6 months that affects health and safety

Kansas

Kan. Stat. Ann.
§ 58-2564(a)

30 days

Second similar material violation
of the lease after first violation was corrected

Kentucky

Ky. Rev. Stat. Ann. § 383.660(1)

14 days

Repeating the same material
violation of the lease within 6 months of being given a first cure or
quit notice

Louisiana

La. Civ. Code art. 2686, La. Code
Civ. Proc. art. 4701

5 days

Failure to pay rent, using dwelling
for purpose other than the intended purpose (lease may specify shorter
or longer notice, or eliminate requirement of notice), or upon
termination of the lease for any reason

Maine

Me. Rev. Stat. Ann. tit. 14, § 6002

7 days

Tenants at will: Violations of law
relating to the tenancy, substantial damage to the premises,
maintaining a nuisance, or causing the dwelling to be unfit for human
habitation

Maryland

Md. Code Ann. [Real Prop.]
§ 8-402.1(a)

14 days

Breaching lease by behaving in a
manner that presents a clear and imminent danger to the tenant himself,
other tenants, guests, the landlord, or the landlord’s property, lease
provides for termination for violation of lease clause, and landlord
has given 14 days’ notice

Md. Code Ann. [Real Prop.]
§ 8-401 (e)(1)

30 days

Any lease violation if the lease
states that tenancy can terminate for violation of the lease; and, when
tenant is late with the rent three times within the past 12 months, but
landlord must have won an eviction lawsuit for each prior nonpayment of
rent episode (tenants may reinstate their tenancy by paying rent and
court costs after the landlord has won an eviction lawsuit, but before
physical eviction)

Massachusetts

Mass. Ann. Laws ch. 186, § 12

14 days

Tenant at will receiving second
notice to pay rent or quit within 12 months

Michigan

Mich. Comp. Laws § 600.5714(c)

7 days

Willfully or negligently causing a
serious and continuing health hazard or damage to the premises

Mich. Comp. Laws § 554.134

24 hours

Manufacture, dealing, or possession
of illegal drugs on leased premises (landlord must first file a police
report, and there must be a lease provision allowing termination for
this reason)

7 days

Failure to pay rent

Minnesota

Minn. Stat. Ann. § 504B.135

14 days

Tenant at will who fails to pay
rent when due

Mississippi

Miss. Code Ann. § 89-8-13

14 days

Repeating the same act, which
constituted a lease violation and for which notice was given, within 6
months

30 days

Nonremediable violation of lease or
obligations imposed by statute

Missouri

Mo. Ann. Stat. §§ 441.020, 441.030,
441.040

10 days

Using the premises for gambling,
prostitution, or possession, sale, or distribution of controlled
substances; assigning or subletting without consent; seriously damaging
the premises or violating the lease

Montana

Mont. Code Ann. § 70-24-422(1)(e)

5 days

Repeating the same act, that
constituted a lease violation and for which notice was given, within 6
months

Mont. Code Ann. § 70-24-422

3 days

Unauthorized pet or person living
on premises; destroying or removing any part of the premises; being
arrested for or charged with drug- or gang-related activity

14 days

Any other noncompliance with rental
agreement that can’t be remedied or repaired

Nebraska

Neb. Rev. Stat. § 76-1431(1)

14 days

Repeating the same act, that
constituted a lease violation and for which notice was given, within 6
months

Nevada

Nev. Rev. Stat. Ann. § 40.2514

3 days

Assigning or subletting in
violation of the lease; substantial damage to the property; conducting
an unlawful business; permitting or creating a nuisance; causing injury
and damage to other tenants or occupants of the property or adjacent
buildings or structures; unlawful possession for sale, manufacture, or
distribution of illegal drugs

§ 40.2516

Immediately

Violation of lease term that can’t
be cured

New Hampshire

N.H. Rev. Stat. Ann. §§ 540:1-a,
540:2, 540:3

Different rules apply depending on
whether the property is “restricted” (most residential property) or
“nonrestricted” (single-family houses, if the owner of such a house
does not own more than 3 single-family houses at any one time; rental
units in an owner-occupied building containing a total of 4 dwelling
units or fewer; and single-family houses acquired by banks or other
mortgagees through foreclosure). (See N.H. Rev. Stat. § 540:1-a.)

7 days

Restricted property: Neglect or
refusal to pay rent due and in arrears, upon demand;
substantial damage to the premises;
failure to comply with a material term of the lease;
behavior of the tenant or members of his family that adversely affects
the health or safety of the other tenants or the landlord or his
representatives; failure of the tenant to accept suitable temporary
relocation required by lead-based paint hazard abatement; other good
cause. Nonrestricted: Neglect or refusal to pay rent due and in
arrears, upon demand; substantial damage to the premises; behavior of
the tenant or members of his family that adversely affects the health
or safety of the other tenants or the landlord or his representatives; failure of the tenant to
accept suitable temporary relocation required by lead-based paint
hazard abatement.

30 days

Nonrestricted only: For any legal
reason other than those specified just above (for which 7 days’ notice
is required)

New Jersey

N.J. Stat. Ann. §§ 2A:18-53(c),
2A:19-61.1,
2A:18-61.2(a)

3 days

Disorderly conduct; willful or
grossly negligent destruction of landlord’s property; assaults upon or
threats against the landlord; termination of tenant’s employment as a
building manager, janitor, or other employee of the landlord;
conviction for use, possession, or manufacture of an illegal drug
either on the property or adjacent to it within the last two years,
unless the tenant has entered a rehabilitation program (includes
harboring anyone so convicted); conviction or civil liability for
assault or terroristic threats against the landlord, landlord’s family,
or landlord’s employee within the last two years (includes harboring);
or liability in a civil action for theft from landlord, landlord’s
family, landlord’s employee, or another tenant

N.J. Stat. Ann. §§ 2A:18-61.2(b),
2A:18-61.1

One month

Habitual failure to pay rent after
written notice; continued violations, despite repeated warnings, of the
landlord’s reasonable rules and regulations; at the termination of a
lease, refusal to accept reasonable changes of substance in the terms
and conditions of the lease, including specifically any change in the
term thereof

New Mexico

N.M. Stat. Ann. § 47-8-33(I)

3 days

Substantial violation of the lease

N.M. Stat. Ann. § 47-8-33(B)
& (C)

7 days

Repeated violation of a term of the
rental agreement within 6 months

New York

N.Y. Real Prop. Law § 232-a

30 days

In New York City, holdover of
month-to-month tenancy

North Carolina

N.C. Gen. Stat. § 42-26(a)

Immediately

Violation of a lease term that
specifies that eviction will result from noncompliance or holdover of
tenancy

North Dakota

N.D. Cent. Code §§ 47-32-02

3 days

Failure to pay rent within 3 days
of the due date, holding over after the lease has expired; holding over
after a sale or any judicial process ending the tenancy; violating a
material term of the lease; using the property in a manner contrary to
the agreement of the parties

Ohio

Ohio Rev. Code Ann. §§ 1923.02 to
1923.04, 5321.17

3 days

Nonpayment of rent; violation of a
written lease or rental agreement; when the landlord has “reasonable
cause to believe” that the tenant has used, sold, or manufactured an
illegal drug on the premises (conviction or arrest not required)

Oklahoma

Okla. Stat. Ann. tit. 41, § 132

Immediately

Criminal or drug-related activity
or repeated violation of the lease

Oregon

Ore. Rev. Stat. §§ 90.396, 90.403

24 hours

Violence or threats of violence by
tenant or a guest; intentionally causing substantial property damage;
giving false information on an application within the past year
regarding a criminal conviction (landlord must terminate within 30 days
of discovering the falsity); committing any act “outrageous in the
extreme” (see statute); intentionally or recklessly injuring someone
(or placing them in fear of imminent danger) because of the tenant’s
perception of the person’s race, color, religion, national origin, or
sexual orientation; second failure to remove a pet that has caused
substantial damage

Pennsylvania

68 Pa. Cons. Stat. Ann.,
§ 250.501(b)

10 days

Nonpayment of rent

15 days (lease 1 year or less or
lease of unspecified time)

Violations of the terms of the
lease

30 days (lease more than 1 year)

Violations of the terms of the
lease

68 Pa. Cons. Stat. Ann., § 250.505-A

10 days (any tenancy)

First conviction for illegal sale,
manufacture, or distribution of an illegal drug; repeated use of an
illegal drug; seizure by law enforcement of an illegal drug within the
leased premises

Rhode Island

R.I. Gen. Laws § 34-18-36(e)

20 days

Repeating an act which violates the
lease or rental agreement or affects health or safety twice within 6
months (notice must have been given for the first violation)

R.I. Gen. Laws §§ 34-18-24,
34-18-36(f)

Immediately

Any tenant who possesses,
uses, or sells illegal drugs or who commits or attempts to commit any
crime of violence on the premises or in any public space adjacent.
“Seasonal tenant” whose lease runs from May 1 to October 15 or from
September 1 to June 1 of the next year, with no right of extension or
renewal, who has been charged with violating a local occupancy
ordinance, making excessive noise, or disturbing the peace

South Carolina

S.C. Code Ann. § 27-40-710

Immediately

Nonpayment of rent after receiving
one notification during the tenancy or allowing illegal activities on
the property

South Dakota

S.D. Cod. Laws §§ 21-16-1, 21-16-2

3 days

Nonpayment of rent, substantial
damage to the property, or holdover

Tennessee

Tenn. Code Ann. § 66-28-505(a)

14 days

Repeating an act which violates the
lease or rental agreement or affects health or safety twice within 6
months (notice must have been given for the first violation)

Texas

Tex. Prop. Code § 24.005

3 days (lease may specify a shorter
or longer time)

Nonpayment of rent or holdover

Utah

Utah Code Ann. § 78B-6-802

3 days

Holdover, assigning or subletting
without permission, substantial damage to the property, carrying on an
unlawful business on the premises, maintaining a nuisance, committing a
criminal act on the premises

Vermont

Vt. Stat. Ann. tit. 9, § 4467

30 days

Three notices for nonpayment or
late rent within a 12-month period or any violation of the lease or
landlord-tenant law